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Click here for the full text of this decision FACTS:A Grimes County grand jury indicted appellant for the second-degree offense of indecency with a child. The state presented evidence at the guilt phase of trial that, during the year 2000, appellant and her husband had forced the complainant, A.N., to watch R-rated or pornographic movies with them, after which appellant and her husband engaged in sexual contact with A.N., who was in the second grade at the time of these incidents. A jury convicted appellant of indecency with a child and sentenced her to 12 years’ confinement. Appellant appealed, asserting that the trial court erred in denying her motion for a new trial, which was based on the ground that the state had failed to disclose evidence favorable to her, as is required by Brady v. Maryland, 373 U.S. 83 (1963). Specifically, appellant asserted that the state failed to disclose Child Protective Services records that allegedly indicated that, in the past, A.N. had made unfounded allegations of sexual abuse and had engaged in inappropriate sexual behavior. The court of appeals found that the trial court had not abused its discretion in denying appellant’s motion for a new trial. HOLDING:Affirmed. Appellant must satisfy three requirements to establish a Brady violation: 1. the state suppressed evidence; 2. the suppressed evidence is favorable to defendant; and 3. the suppressed evidence is material. “Even if we were to assume, as appellant suggests, that CPS acted in a law-enforcement capacity or as a state agent and that it willfully or inadvertently concealed the records, appellant’s claims still must fail because she is unable to satisfy the remaining requirements necessary to establish a Brady violation. A careful review of the tardy CPS records indicates that they are neither favorable nor material to appellant’s case.” OPINION:Johnson, J.; Johnson, J., Meyers, Price, Womack, Keasler, Hervey, Holcomb and Cochran, JJ., joined. Keller, P.J., concurred in the result.

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